RAMNI KUMAR Vs. MANJU BHATNAGAR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 21st Feb., 1984 passed by the Learned Additional District Judge No.2, Jaipur city Jaipur, in Civil Miscellaneous Appeal confirming the order of the Additional Munsif Magistrate No.8,Jaipur City, Jaipur, dated 15.10.82.

(2.) PLAINTIFF-non-petitioner instituted a suit against the defendant- petitioner for the grant of permanent injunction in the court of Munsif Magistrate No.2, Jaipur City. The suit was instituted on the ground that plot No.95 was allotted to him by Gulab Bari Bhawan Nirman Sahkari Samiti, Jaipur. It is alleged that defendants obstructed the construction and as such, the suit was instituted. In the suit application under Order- 39 Rule 1 and 2 was also submitted. Defendants have come with a case that this very pieces of land was allotted to them prior to the allotment which is said to have been made in favour of the plaintiff. Defendant has also produced photostat copy of the Patta or allotment letter issued in his favour. PLAINTIFF has also produced the original Patta/allotment letter in his favour. Learned Magistrate directed vide his order dated 15.10.82 that both the parties should not construct on the disputed piece of land and should maintain status-quo. This order of the learned Munsif was also upheld by the appellate court. One of the questions involved in this revision petition is about the jurisdiction of the Court.

(3.) IN the result, the revision petition is accepted. The court below and the authorities concerned are directed to produce the bye-laws of the Society, the Registration Certificate of the Society or the copy thereof for the proper determination of the dispute in question. Court below shall also be informed by the parties whether the land is a lease-hold land or a free-hold land by the Society or not. It not, in what capacity and in what manner the Society is holding the land and has distributed by way of allotment of the plots. The court below should also issue a notice to the Society of which the petitioners are members. The parties, if they so choose, may implead the Society, to show cause whether the land is held by it is a free-hold or a lease hold land and, if not, in what manner it has held the land and how the title or right has accrued in favour of the Society. Taking into consideration all the facts and circumstances the trial court should determine whether this case should be referred under section-75 of the Cooperative Societies Act or not and should pass necessary orders according to law. The trial court is further directed to dispose of this application within four months from today. Record of the trial court may be sent back immediately.